View Full Version : NJ Gun Owners Sue over One-Gun-a-Month law

01-20-2010, 1:25 PM

ANJRPC Challenges NJ Gun Rationing in Federal Court
Posted by:Sebastian on Jan 18th, 2010 | Filed under: Gun Rights, New Jersey

I have to admit, I give the Association of New Jersey Rifle and Pistol Clubs, Scott Bach, and Evan Nappen, a lot of credit for thinking this one up. Their Counsel, Daniel Schmutter, deserves credit as well for putting together such a solid case. It’s a novel legal argument, based on an obscure aspect of federal law, and it’s so deliciously clever it’s hard to believe it will work, but I think it has a good chance. This challenge to the one-gun-a-month law hinges on the definition of “firearm” in New Jersey Law. You can see the ANJRPC press release here on their web site:

The lawsuit is based on a federal statute that pre-empts state and local laws regulating the sale of certain firearms. The new law runs directly afoul of that statute because of the way New Jersey’s ultra-strict laws sweepingly define firearms. The suit also asserts claims based on the failure of the State Police to implement procedures under the new law, as well as the unlawful rationing of handgun permits by individual municipalities.

They also have a link to the Federal Complaint which you can find here. The legal basis for this federal complaint is 15 U.S.C. §5001(g)(ii), which provides for federal preemption of laws regulating air guns, if you can believe that.

01-20-2010, 1:33 PM
Huh. So if they win this, NJ could probably just pass the same laws minus the air gun regulation and they'd be right back where they started?

01-20-2010, 1:35 PM

This would mean the legislature would have no choice but to try to pass one-gun-a-month again, though with an exception for air guns this time to get around federal law. Given that Dick Cody is out as President of the Senate, and Stephen Sweeney, who is friendly on the issue, is in, it doesn’t look good for re-passage. Even if it does, Corzine is out, and Chris Christie, who was not supportive of the rationing law, will now occupy the Governor’s mansion. So it doesn’t look good for the other side if this lawsuit prevails.

01-20-2010, 1:39 PM
Oh, right. They do occasionally vote out bad politicians in NJ.

01-20-2010, 1:52 PM
NJ and now Mass (well he had to die first). Maybe Ca will follow? Naw....

01-20-2010, 4:16 PM
Dup of my thread 2 days ago